Appeal No. 2004-1945 Page 2
Application No. 09/524,213
BACKGROUND
The appellant's invention relates generally to a method and apparatus for storing
a dry substance, activating the substance with liquid and subsequently transferring the
substance from storage into a syringe or cannula without the need for a needle. More
particularly, the appellant's invention relates to a storage container for storing a
substance that has undergone a lyophilization process and is ready for the introduction
of a liquid to dissolve the lyophilisate into a medium that may be then utilized according
to its appropriate prescription (specification, p. 2). A copy of the claims under appeal is
set forth in the appendix to the appellant's brief.
Claims 24 to 38 and 41 to 48 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by U.S. Patent No. 5,716,3461 to Farris.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the final
rejection (Paper No. 13, mailed March 17, 2003) and the answer (Paper No. 17, mailed
January 8, 2004) for the examiner's complete reasoning in support of the rejection, and
to the brief (Paper No. 16, filed November 24, 2003) for the appellant's arguments
thereagainst.
1 Issued February 10, 1998.
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